Molekule Announces Court Ordered Dismissal of Competitor’s Trademark Infringement Complaint with Prejudice
19 Avril 2023 - 3:15PM
Molekule Group, Inc (“Molekule” or the “Company”) (Nasdaq: MKUL),
an emerging leader in air purification technology solutions,
systems for healthcare and commercial smart building applications,
and individual consumer protection, today announced that a civil
complaint previously filed against the Company has been favorably
resolved with all claims against the Company dismissed by the Court
with prejudice.
“We are very pleased with the favorable
resolution of this matter and along with it the affirmation of the
professionalism of our sales and marketing practices.” said Jason
DiBona, CEO of Molekule. “Our focus remains on our future as an
innovator and leader in the market, to execute on our mission to
provide clean indoor air to everyone, everywhere.”
The complaint was filed on August 11, 2022, in
the U.S. District Court for the Southern District of New York, Case
No. 7:22-cv-06842- PMH (the “Action”) by Sterilumen, Inc. (the
“Plaintiff” or “Sterilumen”), a wholly-owned subsidiary of Applied
UV, Inc. Sterilumen’s complaint sought $20 million dollars in
damages against the Company for, among other claims, alleged
trademark infringement and unfair business competition. In
response, the Company filed counterclaims (“Counterclaims”)
contesting the validity of Sterilumen’s trademark rights and
seeking money damages for fraudulent registration thereof.
By its Order dated March 13, 2023 (the “Order”),
the Court agreed with Molekule’s position and ruled the Action
dismissed with prejudice. Molekule subsequently reached a favorable
agreement with Sterilumen to forgo pursuing Molekule’s
Counterclaims, among other things. As a result, Sterilumen’s claims
against Molekule’s trademarks (SteriductTM and AerocleanTM) are
permanently barred and Sterilumen has waived its right to appeal
the Order. The Company achieved this outcome without having to
compensate Sterilumen in any manner, and its legal expenses were
covered by an insurance policy.
About Molekule
Molekule is on a mission to provide clean indoor
air to everyone, everywhere. With the largest range of proprietary,
FDA-cleared air purification devices on the market, Molekule is
providing consumers, business owners, and medical professionals
with hardware and software solutions to better understand and
improve indoor air quality. Its Air Pro, Air Mini+, and Pūrgo™
purification devices can be applied to virtually any indoor space,
including homes, classrooms, offices, hospitals, and more. For more
information and customer reviews, visit https://molekule.com.
Media ContactsPress@molekule.com
Investor Relations ContactsRyan Tyler — Chief
Financial Officer, MolekuleRyan.Tyler@molekule.com
MATTIO Communicationsmolekule@mattio.com
Forward-Looking Statements
This press release includes forward-looking
statements relating to our management’s expectations, beliefs and
intentions and Molekule’s prospects. Forward-looking statements are
statements that are not historical facts, including the statements
of our management. Such forward-looking statements are based on our
management’s current expectations and projections about future
events and trends, which are inherently subject to risks,
assumptions and uncertainties that could cause actual results to
differ materially from those explicitly or implicitly projected,
including (without limitation): general economic conditions in the
markets where we operate; the impact of the COVID-19 pandemic and
related prophylactic measures; expected timing of regulatory
approvals and product launches; non-performance of third-party
vendors and contractors; risks related to our ability to
successfully sell our products and the market reception to and
performance of our products; our compliance with, and changes to,
applicable laws and regulations; our limited operating history; our
ability to manage growth; our ability to obtain additional
financing when and if needed; our ability to expand product
offerings; our ability to compete with others in our industry; our
ability to protect our intellectual property; the ability of
certain stockholders to determine the outcome of matters that
require stockholder approval; our ability to retain the listing of
our common stock on Nasdaq; our ability to defend against legal
proceedings; success in retaining or recruiting, or changes
required in, our officers, key employees or directors; our ability
to achieve the expected benefits from our merger with Molekule,
Inc.; the risk that goodwill or identifiable intangible assets
could become impaired; and our ability to successfully consummate
acquisitions.
These and other risks and uncertainties that
could affect Molekule’s future results are included under the
caption “Risk Factors” in Molekule’s annual report on Form 10-K/A
for the fiscal year ended December 31, 2022 filed
with the Securities and Exchange Commission (the
“SEC”) on April 3, 2023, which is available on the SEC’s
website at www.sec.gov. Further information regarding
potential risks or uncertainties that could affect actual results
will be included in other periodic filings Molekule makes with
the SEC.
The forward-looking statements in this release
reflect management’s expectations as of the date hereof and
Molekule expressly disclaims any obligations or undertaking to
release publicly any updates or revisions to any forward-looking
statements contained herein to reflect any change in the
expectations with respect thereto or any change in events,
conditions or circumstances on which any statement is based.
Investors should realize that if our underlying assumptions for the
projections contained herein prove inaccurate or that known or
unknown risks or uncertainties materialize, actual results could
vary materially from our expectations and projections.
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